Outline of the state of Hawaii
State
Hawaii
Required

Category
Alternative Education for Expelled Students

Category
Alternative Education for Expelled Students

State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.

Hawaii Administrative Rules 8-19 Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews, and Arrests and Restitution for Vandalism.

(b) Any student who possesses a firearm shall be dismissed from school for not less than one calendar year period. The possession or use of a firearm is prohibited on campus, or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property except for participation in athletic teams, clubs and/or Junior Reserve Officer Training Corp (JROTC) shooting sports programs and marksmanship training, education, and competitions. The superintendent or designee, on case-by-case basis, may modify dismissal of a student found to be in possession of a firearm. If a student is dismissed from school, that student shall be alternate educational activities or other appropriate assistance as provided in section 8-19-11. [...]

(d) Disciplinary action shall be taken for all class offenses in grades kindergarten through twelve in accordance with procedures established under this chapter and within the following options as determined by the authorities designated in section 8-19-5. Interventions to teach students appropriate behaviors must be instituted when disciplinary actions are imposed. Disciplinary action options may include the following:

  • (14) Referral to alternative education programs.
Policy Type
Regulation

Hawaii Administrative Rules 8-19 Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews, and Arrests and Restitution for Vandalism.

§ 8-19-18. Prohibited Searches and Seizures. Except as provided in section 8-19-14 regarding student lockers:

  • (1) Random searches are prohibited.

  • (2) Strip searches are prohibited.

  • (3) A school official shall not conduct a search requiring bodily contact of a student except when such a search is necessary to prevent harm to the health or safety, or both of a person or persons.

  • (4) In the course of a search, the use of force against a student is prohibited unless the school official believes that the force to be used is necessary to prevent harm to the health or safety, or both of a person or persons or where the student physically resists the search.

  • (5) A search conducted under the provisions of this subchapter shall be limited to the object or objects for which the search was conducted. However, any other object observed during a search may be seized by a school official when possession of the object is a violation of law or the provisions of this chapter, or when non-seizure may pose a threat to the health or safety, or both of a person or persons, including the school official conducting the searc. [Eff 5/23/86; comp 7/19/93; comp 5/19/97; comp 2/22/01; am and comp 9/10/09] (Auth: HRS §302A-1112) (Imp: Hawaii Const. Art. X, §3; HRS §§302A-1101, 302A-1112)

Policy Type
Regulation

Hawaii Revised Statutes 302A-1134.6 Zero tolerance policy.

(e) If a child is excluded from attending school for more than ten days, the superintendent or the superintendent’s designee shall ensure that substitute educational activities or other appropriate assistance are provided, such as referral for appropriate intervention and treatment services, as determined by the principal in consultation with the appropriate school staff

Policy Type
Statute